The Bishop of Colombo v. Mr. Rupanatha and Others – CA INJ/03/2017-2017

In the case between The Bishop of Colombo, L. N. Francis, and Rev. Crispus Chandrasekaran (Petitioners) and Mr. Rupanatha (Principal, C/Cathedral Vidyalaya, Kotahena) and others (Respondents), the court addressed whether an injunction should be issued under Article 143 of the Constitution to prevent the Respondents from constructing a building alleged to be encroaching on church property. The court held that the Petitioners failed to clearly establish the boundaries of the disputed land or provide sufficient evidentiary support for the claim of encroachment, resulting in the refusal and dismissal of their application for injunction. The reasoning reaffirmed the principle that injunctive relief will not be granted absent clear evidence and equitable justification, especially where hardship

REF: CA INJ/03/2017-2017 Category: Tag:
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